(a) As used in this chapter “family swimming pool” and “commercial swimming pool” shall have the meaning set forth in Chapter 1234, General Provisions and Definitions.
(b) As used in this Zoning Code, a family swimming pool is hereby declared to be an accessory use in residentially zoned use districts.
(Ord. 2010-059. Passed 3-7-11.)
1294.03 REGULATIONS FOR COMMERCIAL SWIMMING POOL.
(a) No commercial swimming pool shall be erected, constructed or maintained except in accordance with the following regulations:
(1) A complete site plan showing all pertinent dimensions together with all elevations and specifications shall be submitted to the Planning Commission, together with an application for such use as required by Chapter 1240, Site Plan Review Procedures.
(2) Adequate fencing around the pool shall be provided as required by the Ohio Building Code.
(Ord. 2010-059. Passed 3-7-11.)
1294.04 CERTIFICATE REQUIRED FOR FAMILY SWIMMING POOLS.
(a) No family swimming pool shall be constructed, installed, enlarged, or used until a zoning certificate and a certificate of zoning compliance are first obtained from the Zoning Administrator.
(Ord. 2010-059. Passed 3-7-11.)
1294.05 SUBMISSION OF PLANS.
(a) Every applicant for a zoning certificate under Section 1294.04 shall submit to the Zoning Administrator, as part of the application, detailed plans that accurately show each item required by this chapter as well as those applicable items required in Chapter 1238, Zoning Certificate and Certificates of Zoning Compliance.
(Ord. 2010-059. Passed 3-7-11.)
1294.06 LOCATION OF FAMILY SWIMMING POOLS.
(a) No family swimming pool or part thereof shall be located nearer than ten (10) feet to the sides or rear line of the lot or parcel upon which it is situated, or nearer to any street on which such lot or parcel abuts than a distance ten (10) feet greater than the building setback line as fixed by this Zoning Code.
(b) The area of the family swimming pool proper, exclusive of decks, walks and other appurtenances shall not exceed fifteen percent (15%) of the area of the lot or parcel on which it is situated.
(c) Pumps, filters and pool water disinfection equipment installations shall be located at a distance not less than ten (10) feet from any side or rear property line.
(d) No outdoor, family swimming pool or part thereof shall be installed within a front yard.
(e) Enclosures of family swimming pools shall be in compliance with the Ohio Residential Code and with the International Code Council's Chapter 41 and Appendix G.
(Ord. 2010-059. Passed 3-7-11.)
1294.07 LIGHTING; SANITATION; NUISANCES.
All family and commercial swimming pools shall comply with the following:
(a) All lights used for illuminating family pools or the surrounding areas shall be so designed, located and installed as to confine the direct beams to the lot or parcel on which the pool is located, and so as not to constitute a nuisance or undue annoyance to occupants of abutting property.
(b) No person shall make, continue or cause to be made or continued at any pool, any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.
(c) Every swimming pool shall be maintained in a clean and sanitary condition and all equipment shall be maintained in a satisfactory operating condition.
(d) No swimming pool shall be used, kept, maintained or operated in the City if such use, keeping, maintaining or operating shall occasion a resultant nuisance or create a health detriment.
(Ord. 2010-059. Passed 3-7-11.)
1294.08 COMPLIANCE WITH BUILDING CODE.
Family and commercial swimming pools shall comply with the following, as applicable:
(a) Part Fourteen, the Building Code, of these Codified Ordinances shall be complied with prior to the commencement of any construction on a swimming pool.
(b) Each applicant for a building permit for a swimming pool shall be responsible for the payment of all inspection fees charged by any agency designed by the City.
(c) Each applicant for a building permit for a swimming pool shall submit detailed plans that accurately show dimensions and construction of the pool and all appurtenances and amenities thereto. No building permit shall be issued unless the plans comply fully with the applicable provisions of the Building Code, the Electrical Code, the Plumbing Code and pertinent rules and regulations of the Summit County Health Department lawfully adopted, enacted or in force at the time of the application for such permit.
(d) In no event shall any current-carrying electrical conductor cross a swimming pool above ground, on the ground or underground, or within fifteen (15) feet of such pool, except only for underwater lights which shall conform to the applicable provisions of the Electrical Code.
(e) Pools shall be equipped with facilities for complete emptying of the pool and discharge of pool water into a storm sewer at a rate not exceeding two hundred fifty (250) gallons per minute. Water drained from a pool shall not be discharged directly into a storm sewer without prior approval from the Director of Public Service and the Summit County Health Department. Water shall not be drained from a pool during periods of rain or within twenty-four (24) hours after a period of rain.
(f) Construction must start within ninety (90) days after obtaining of permits and be finished within one hundred eighty (180) days after beginning of construction or all permits shall be canceled.
(Ord. 2010-059. Passed 3-7-11.)
1294.09 RESTRICTION ON FIRST USE.
(a) No family or commercial swimming pool shall be used until a final inspection and approval is obtained from the Building Commissioner, the Summit County Health Department and the designated electrical and plumbing inspection agency.
(Ord. 2010-059. Passed 3-7-11.)
1294.10 INSPECTION.
(a) The Building Commissioner and the Summit County Health Department shall have the right to inspect any family or commercial swimming pool at any reasonable hour to ascertain compliance with the provisions of this Chapter.
(Ord. 2010-059. Passed 3-7-11.)
Fairlawn City Zoning Code
CHAPTER 1294
Swimming Pools
1294.01 POOL DEFINED.
(a) As used in this chapter “family swimming pool” and “commercial swimming pool” shall have the meaning set forth in Chapter 1234, General Provisions and Definitions.
(b) As used in this Zoning Code, a family swimming pool is hereby declared to be an accessory use in residentially zoned use districts.
(Ord. 2010-059. Passed 3-7-11.)
1294.03 REGULATIONS FOR COMMERCIAL SWIMMING POOL.
(a) No commercial swimming pool shall be erected, constructed or maintained except in accordance with the following regulations:
(1) A complete site plan showing all pertinent dimensions together with all elevations and specifications shall be submitted to the Planning Commission, together with an application for such use as required by Chapter 1240, Site Plan Review Procedures.
(2) Adequate fencing around the pool shall be provided as required by the Ohio Building Code.
(Ord. 2010-059. Passed 3-7-11.)
1294.04 CERTIFICATE REQUIRED FOR FAMILY SWIMMING POOLS.
(a) No family swimming pool shall be constructed, installed, enlarged, or used until a zoning certificate and a certificate of zoning compliance are first obtained from the Zoning Administrator.
(Ord. 2010-059. Passed 3-7-11.)
1294.05 SUBMISSION OF PLANS.
(a) Every applicant for a zoning certificate under Section 1294.04 shall submit to the Zoning Administrator, as part of the application, detailed plans that accurately show each item required by this chapter as well as those applicable items required in Chapter 1238, Zoning Certificate and Certificates of Zoning Compliance.
(Ord. 2010-059. Passed 3-7-11.)
1294.06 LOCATION OF FAMILY SWIMMING POOLS.
(a) No family swimming pool or part thereof shall be located nearer than ten (10) feet to the sides or rear line of the lot or parcel upon which it is situated, or nearer to any street on which such lot or parcel abuts than a distance ten (10) feet greater than the building setback line as fixed by this Zoning Code.
(b) The area of the family swimming pool proper, exclusive of decks, walks and other appurtenances shall not exceed fifteen percent (15%) of the area of the lot or parcel on which it is situated.
(c) Pumps, filters and pool water disinfection equipment installations shall be located at a distance not less than ten (10) feet from any side or rear property line.
(d) No outdoor, family swimming pool or part thereof shall be installed within a front yard.
(e) Enclosures of family swimming pools shall be in compliance with the Ohio Residential Code and with the International Code Council's Chapter 41 and Appendix G.
(Ord. 2010-059. Passed 3-7-11.)
1294.07 LIGHTING; SANITATION; NUISANCES.
All family and commercial swimming pools shall comply with the following:
(a) All lights used for illuminating family pools or the surrounding areas shall be so designed, located and installed as to confine the direct beams to the lot or parcel on which the pool is located, and so as not to constitute a nuisance or undue annoyance to occupants of abutting property.
(b) No person shall make, continue or cause to be made or continued at any pool, any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others.
(c) Every swimming pool shall be maintained in a clean and sanitary condition and all equipment shall be maintained in a satisfactory operating condition.
(d) No swimming pool shall be used, kept, maintained or operated in the City if such use, keeping, maintaining or operating shall occasion a resultant nuisance or create a health detriment.
(Ord. 2010-059. Passed 3-7-11.)
1294.08 COMPLIANCE WITH BUILDING CODE.
Family and commercial swimming pools shall comply with the following, as applicable:
(a) Part Fourteen, the Building Code, of these Codified Ordinances shall be complied with prior to the commencement of any construction on a swimming pool.
(b) Each applicant for a building permit for a swimming pool shall be responsible for the payment of all inspection fees charged by any agency designed by the City.
(c) Each applicant for a building permit for a swimming pool shall submit detailed plans that accurately show dimensions and construction of the pool and all appurtenances and amenities thereto. No building permit shall be issued unless the plans comply fully with the applicable provisions of the Building Code, the Electrical Code, the Plumbing Code and pertinent rules and regulations of the Summit County Health Department lawfully adopted, enacted or in force at the time of the application for such permit.
(d) In no event shall any current-carrying electrical conductor cross a swimming pool above ground, on the ground or underground, or within fifteen (15) feet of such pool, except only for underwater lights which shall conform to the applicable provisions of the Electrical Code.
(e) Pools shall be equipped with facilities for complete emptying of the pool and discharge of pool water into a storm sewer at a rate not exceeding two hundred fifty (250) gallons per minute. Water drained from a pool shall not be discharged directly into a storm sewer without prior approval from the Director of Public Service and the Summit County Health Department. Water shall not be drained from a pool during periods of rain or within twenty-four (24) hours after a period of rain.
(f) Construction must start within ninety (90) days after obtaining of permits and be finished within one hundred eighty (180) days after beginning of construction or all permits shall be canceled.
(Ord. 2010-059. Passed 3-7-11.)
1294.09 RESTRICTION ON FIRST USE.
(a) No family or commercial swimming pool shall be used until a final inspection and approval is obtained from the Building Commissioner, the Summit County Health Department and the designated electrical and plumbing inspection agency.
(Ord. 2010-059. Passed 3-7-11.)
1294.10 INSPECTION.
(a) The Building Commissioner and the Summit County Health Department shall have the right to inspect any family or commercial swimming pool at any reasonable hour to ascertain compliance with the provisions of this Chapter.